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BRAD SELIGMAN (SBN 083838)
JOCELYN D. LARKIN (SBN 110817)
THE IMPACT FUND
125 University Avenue
Berkeley, CA 94710
Telephone:
(510) 845-3473
Facsimile:
(510) 845-3654
JOSEPH SELLERS
CHRISTINE WEBBER
CHARLES TOMPKINS
JULIE GOLDSMITH
COHEN, MILSTEIN, HAUSFELD & TOLL
West Tower – Suite 500
1100 New York Avenue
Washington, D.C. 20005-3964
Telephone:
(202) 408-4600
Facsimile:
(202) 408-4699
IRMA D. HERRERA (SBN 98658)
DEBRA A. SMITH (SBN 147863)
EQUAL RIGHTS ADVOCATES
1663 Mission Street, Suite 250
San Francisco, CA 94103
Telephone:
(415) 621-0672
Facsimile:
(415) 621-6744
STEPHEN TINKLER
MERIT BENNETT
TINKLER & BENNETT
309 Johnson Street
Santa Fe, New Mexico 87501
Telephone:
(505) 986-0269
Facsimile:
(505) 982-6698
SHEILA Y. THOMAS (SBN 161403)
EQUAL RIGHTS ADVOCATES
5260 Proctor Avenue
Oakland, CA 94618
Telephone:
(510) 339-3739
Facsimile:
(510) 339-3723
DEBRA GARDNER
PUBLIC JUSTICE CENTER
500 East Lexington Street
Baltimore, MD 21202
Telephone:
(410) 625-9409
Facsimile:
(410) 625-9423
STEVE STEMERMAN (SBN 067690)
ELIZABETH LAWRENCE (SBN 111781)
DAVIS, COWELL & BOWE
100 Van Ness Avenue, 20th Floor
San Francisco, CA 94102
Telephone:
(415) 626-1880
Facsimile:
(415) 626-2860
SHAUNA MARSHALL (SBN 90641)
HASTINGS COLLEGE OF THE LAW
200 McAllister Street
San Francisco, CA 94102
Telephone:
(415) 565-4685
Facsimile:
(415) 565-4854
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Attorneys for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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BETTY DUKES, PATRICIA SURGESON,
CLEO PAGE, CHRISTINE KWAPNOSKI,
DEBORAH GUNTER, KAREN WILLIAMSON
AND EDITH ARANA, on behalf of themselves
and all others similarly situated,
Plaintiff,
Case No. C-01-2252 MJJ
DECLARATION OF JENNIFER
FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS
CERTIFICATION
vs.
WAL-MART STORES, INC.,
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Defendant
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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I, JENNIFER FURTADO, declare:
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I have personal knowledge of each and every fact set forth in this Declaration, and if
called to testify as a witness in this matter, I could and would competently testify to each of these
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facts.
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2.
I was employed by Wal-Mart, Inc. from January 4, 1992 through March 5, 1999 at
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three different stores in New Hampshire and two different stores in New Mexico. I am female.
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Wal-Mart was my first full-time job after graduating from high school. Although I
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started out as a cashier, I worked my way up to Department Manager, Support Manager and then
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into the Management Training Program. I was never promoted to an Assistant Manager position.
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4.
During my employment with Wal-Mart, I was never disciplined and my performance
evaluations were always at least “standard” and most often “above standard” and “outstanding.” On
four separate occasions, I received “Great Job” Awards for “exceeding [Wal-Mart’s] expectations
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above and beyond.” (Attached as Furtado Exhibit A is a true and accurate copy of my January 1999
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award.)
5.
During the first six years of my employment, I was working mostly full-time while
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attending university full-time as well. In May 1998, I obtained my Bachelor of Arts degree from the
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University of New Hampshire. At no time did any of the many different Store Managers I worked
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for inform me about Wal-Mart’s First In Line Program. I later learned that this program allowed
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junior and seniors who were Wal-Mart associates to train as Company managers as a part of their
educational program. Upon graduation, they would be “ first in line” for an Assistant Manager
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position without having to go through Wal-Mart’s internal Management Training Program.
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6.
During my first six years at Wal-Mart, I worked at stores in Derry, Somersworth, and
Portsmouth, New Hampshire and in Albuquerque, New Mexico. I observed that both the operational
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
and personnel policies and practices in each of these stores were the same. In addition to these four
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stores, I was often sent to other stores that were opening in New Hampshire as part of a “set up”
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team to ensure that the new stores were operating consistent with Wal-Mart policies and practices.
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Each store was linked directly to corporate headquarters in Bentonville, Arkansas through
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computers. The computers allowed store management to receive daily recap reports from
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Bentonville that highlighted any problems areas that needed to be addressed. The Store Manager
would review information from these reports with us each morning.
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After graduation, I requested a transfer to New Mexico where I was employed again
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in the same Albuquerque store and also in the Belen store. The Belen store operated similarly to
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each of the other stores I had worked in. The same personnel policies and practices were in effect
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and it was linked to Bentonville through computers.
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8.
During the more than seven years I was employed by Wal-Mart, none of the jobs or
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promotions I attained were posted. Instead, I got the positions by expressing interest in them to a
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department or assistant manager after learning from other employees or personal observations that
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someone had quit, been fired or transferred. Sometimes I was pre-selected for promotion without
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even asking. For example, I was promoted from a stocker position to Department Manager in the
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Boys Department at the Derry store when Assistant Manager Michelle [last name unknown] asked
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me if I wanted the job and I accepted. I was promoted from a sales associate position to Department
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Manager in the Girls Department in the Albuquerque store when Assistant Manager Patty Hudson
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told me they were splitting that department off from the Infant Department and asked me if I wanted
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the job.
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9.
I began to seriously explore a management career with Wal-Mart when I spent my
junior year as an exchange student at the University of New Mexico. Although no one ever
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
informed me about the First In Line Program, I knew that Wal-Mart had a Management Training
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Program from talking with Management Trainees who had been assigned to my stores, both in New
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Hampshire and New Mexico. While I was working in the Albuquerque store, I told Assistant
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Manager Patty Hudson that I was interested in the program. I also had several conversations with
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District Manager Peter Abbott about entering the Management Training Program. He told me that I
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should apply for it when I finished school. He also indicated to me that he thought I would be able
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to move through the program rapidly because I had so much experience. At the end of the school
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year, District Manager Abbott had to approve my request to transfer back to New Hampshire. On
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the form, he wrote, “This associate is an outstanding person[.] [D]oes a great job. Thanks.”
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(Attached hereto as Furtado Exhibit B is a true and accurate copy of the Transfer Notice.)
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10.
When I graduated from the University of New Hampshire in May 1998, I decided to
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return to New Mexico to join the Management Training Program there. I called my former Store
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Manager from Albuquerque, Ken Estes, who informed me that Peter Abbott was no longer the
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District Manager. However, he offered to talk to the new District Manager, Larry Wilcockson, on
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my behalf. My transfer was approved in June 1998 and several weeks after returning to the
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Albuquerque store that I had originally worked in, I met with Mr. Wilcockson at his office in the
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Belen store. We discussed the Management Training Program. Shortly thereafter, in approximately
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July 1998, I reported to the Belen store to begin the program.
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One of my co-trainees at the Belen store was Mike Estrada. Mr. Estrada was already
in the Management Training Program when I arrived. Mr. Estrada’s training period was very short
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and he was promoted to an Assistant Manager position in the Belen store while I was still a trainee.
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12.
Part of my management training included helping the Albuquerque store where I was
originally assigned move to a new building and re-open as a Supercenter. Although District
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
Manager Wilcockson had told me initially that I would be responsible for the receiving area of the
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new Supercenter, I ended up “setting up” the Apparel Department while Assistant Manager Mike
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Maholic took over the receiving area. By the time the new Albuquerque Supercenter opened, I felt
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ready for promotion. All I lacked was training in the Receiving Department.
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At the time it opened, the Albuquerque Supercenter was still in need of one Assistant
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Manager so I talked to Store Manager Estes about filling that opening after I completed the training
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program. Mr. Estes, the Set-Up Managers and the other Assistant Managers would joke with me and
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tell me to take off my “trainee” badge since I was already an Assistant Manager. Finally, I asked
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District Manager Wilcockson how much longer my training program would take and if he knew
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what store I would be going to. Mr. Wilcockson named several stores, including Espanola, which
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was a 3 to 4 hour roundtrip commute from my home.
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In subsequent discussions with District Manager Wilcockson, I tried to convince him
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to assign me to the Albuquerque Supercenter. He told me that trainees were not allowed to become
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Assistant Managers in the same store they trained in. I did not believe this to be true since I was
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aware that my former co-trainee, Mike Estrada, had trained and been promoted to an Assistant
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Manager in the same store. Nonetheless, I told Mr. Wilcockson that while I was willing to change
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stores, my circumstances had changed, that my husband had a job in Albuquerque paying more
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money than I was making, and that it did not make sense for us to relocate two hours away to
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Espanola. Mr. Wilcockson was very displeased with my unwillingness to relocate outside of the
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Albuquerque area.
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Even though Store Manager Estes told me that he wanted to keep me as an Assistant
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Manager in the Albuquerque Supercenter, he said that the decision where I would be placed was
within the control of the District Manager. At no point in time did he or District Manager
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
1
Wilcockson inform me about Wal-Mart’s Resident Assistant Manager program. This program
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allows associates to train for management and promote to an Assistant Manager position in the same
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store. Eventually, District Manager Wilcockson assigned a male, Robert Phillips, to the open
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Assistant Manager position in the Albuquerque Supercenter. Mr. Phillips, who had recently been
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hired from outside the Company and who was not required to complete the Management Training
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Program, was allowed to promote to an Assistant Manager position within the same store where he
was currently working, just as Mike Estrada had been allowed to do.
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Over the next few months, District Manager Wilcockson continued to be vague
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regarding when I would be promoted and to where. By now, I had been in management training for
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approximately sixteen to eighteen weeks. During this same time period, Wal-Mart realigned some
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of the Albuquerque stores into another district headed by Peter Abbott. I asked Mr. Wilcockson to
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talk to Mr. Abbott, my former District Manager, to see whether he had any stores I could be assigned
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to. I was never offered an Assistant Manager position by District Manager Wilcockson or District
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Manager Abbott.
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Although there were at least seven other Wal-Mart stores within a reasonable
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commute from my home, I was not able to determine whether there were any Assistant Manager
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openings in these stores because Wal-Mart does not post or advertise the Assistant Manager position
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in any manner. Management trainees are not allowed to “apply” for an Assistant Manager position
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after they complete the program. Instead, they must wait until the District Manager hand-selects
them for placement. District Manager Wilcockson’s refusal to allow me to relocate to another store
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in the Albuquerque area convinced me that I had no future with Wal-Mart.
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18.
In November 1998, after I had completed approximately twenty weeks of
management training, I finally decided to talk to District Manager Wilcockson about stepping down
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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from the Management Trainee Program. His only response was to tell me that I would lose my
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salary and GAP [geographic adjustment payment]. This confirmed my understanding that he had no
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intention of promoting me unless I agreed to relocate to the Espanola store. I subsequently asked
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Store Manager Estes to find an hourly position for me within his store.
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After I was in the Management Training Program, I was taking graduate business
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courses at the University of New Mexico. One class, entitled “Organizational Behaviors and
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Diversity Awareness,” required me to do a research project on the glass ceiling phenomenon. I
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decided to research whether gender balance existed in upper management at Wal-Mart. To do this, I
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reviewed the Company’s lists of Store Managers for each of the forty-one states for which data was
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available on the computer as well as its lists of District Managers, Regional Managers and Regional
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Vice Presidents. After printing out these lists, I counted the number of men and women on each list.
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When I started this project, I thought that women were being held back at Wal-Mart
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by only one District Manager: Larry Wilcockson. After reviewing the data , however, I realized that
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the lack of female managers at Wal-Mart was a wide-spread Company problem, and not an isolated
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event. For instance, I counted only 286 female Store Managers compared to the 1742 male Store
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Managers, or 14% female. And the numbers were significantly worse the higher up the corporate
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ladder I investigated. At the Regional Manager level, I counted only two females out of 29, or 7%. I
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made pie charts to demonstrate the result of my research and gave an oral presentation to my class.
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(Attached hereto as Furtado Exhibit C are true and accurate copies of some of my data, pie charts
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and oral presentation for the glass ceiling project.) This research, combined with my own
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experience of being unable to advance at Wal-Mart, led me to leave the Company in March 1999.
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//
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ
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I declare under penalty of perjury of the laws of the United States and State of
__________________ that the foregoing is true and correct.
This Declaration was signed by me on ______________________, 2003, at
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_______________________.
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______________________________
Jennifer Furtado
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DECLARATION OF JENNIFER FURTADO IN SUPPORT OF
PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Case No. C-012252 MJJ